California’s Gun Violence Restraining Order

Caregivers of the Elderly Can Speak for Safety

“A client, with many guns in the home, has been seen brandishing a weapon on his porch and shooting at animals in his yard, sometimes while drinking alcohol. I spoke to his family, and they asked me about options they can take to ensure his safety and the safety of others.”

“One of my clients is a 91-year-old man showing signs of dementia. Because he lives alone with no family nearby I serve as his companion all day and evening. I know that he keeps two loaded guns in his home, and I am worried that he might hurt someone or himself. The family and I have been unable to get him to allow us to remove the guns. What can I do?”

A new law can help!

California’s Gun Violence Restraining Order (GVRO) is a law that allows family or household members and law enforcement officers to obtain a court order to prevent an at-risk person person from accessing guns or ammunition and temporarily prohibits that person from purchasing or obtaining any new guns and/or ammunition. The firearm removal and purchase restriction can last from 21 days to one year depending on the type of order, and what the judge thinks is appropriate. A one-year GVRO can be renewed before it expires if the danger still exists.

Who can request a GVRO and how do you get one?

Family and household members* and law enforcement** officers can file a petition to obtain a GVRO with the Superior Court in which the subject of the petition resides. As a caregiver or home visitor, you cannot petition directly for a GVRO (unless you are a conservator of the person or have lived in the same household as them within the last six months). However, if a client has risk factors such as an emotional crisis or dementia and is demonstrating signs of being dangerous such as suicidal ideation, aggression, public threats of violence, or is exhibiting other dangerous behaviors, you can consider contacting your local sheriff or police department, or advising a client’s family member about the GVRO.

*Includes spouses, parents, grandparents, siblings, children, stepparents, stepchildren, domestic partners, or roommates and other household members who have lived with the subject of the petition within the last six months.

**Includes sheriff departments, police departments, and other law enforcement agencies.

A Civil Action

The GVRO is a civil procedure, not a criminal one. The goal is to ensure safety and allow the subject of the GVRO an opportunity to heal or stabilize. However, if the order is violated, the subject may be charged with a misdemeanor crime. Only when the order expires or is terminated may firearms and ammunition be returned to the restrained person.

Important facts about California’s GVRO

If you think someone poses an immediate danger to themselves or others, you can contact law enforcement directly. They can file a temporary emergency GVRO at any time if necessary, even if the court is closed.

If someone is being threatened directly by a spouse, partner, or someone in their family or household, they may petition for a Domestic Violence Restraining Order (DVRO). See Form DV-500-INFO for more information.

Did You Know?

More than half of all gun deaths in California are suicides***.

Four out of every ten suicides in California involve guns***.

A recent study examined the results of a similar law in Connecticut and estimated that for every 10 to 20 orders removing firearms issued, at least one suicide was prevented.

In a poll by Aging Life Care Association, over one-third of professionals surveyed said they either frequently or sometimes found guns in their elder clients’ homes, and several respondents recounted stories of suicides by clients that took place while professional caregivers were in the home.